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Wills & later life

Probate & Estate Administration: understand your next step.

A practical guide to the decisions, documents and questions that make a legal enquiry more useful.

By Talk to a Lawyer · Published 19 September 2026 · 3 minute read

Administering an estate involves identifying authority, assets, debts and beneficiaries, then carrying out the required steps. A grant of probate is part of some estates, but the right process depends on the will, assets and jurisdiction. State whether you are the named executor, a family member or a beneficiary seeking information.

Read. Prepare. Find an office.

Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.

Find probate & estate administration providers →

Establish the will and authority to act

Locate the original will if possible and record where it is held. Provide death details, any later document and information about the named executors. If no will is known, say so rather than assuming the same application applies. Ask which grant or authority is required and who is entitled to apply in the circumstances.

Create an estate inventory before distributing

List property, accounts, investments, debts and relevant ownership details. Distinguish assets held personally from jointly held assets, trusts and superannuation. Keep a record of estate expenses and correspondence. Ask how liabilities, tax, claims and uncertain assets should be handled before making promises about what beneficiaries will receive or when.

Scope administration separately from disputes

A quote may cover the grant application alone or broader administration, accounting and distribution. Ask what is included, which external costs arise and what happens if an asset is overseas or a dispute emerges. Confirm how executors will approve decisions and receive updates, particularly where several people must act together.

Keep an administration log from the beginning

Use a record of assets contacted, documents requested, expenses paid and decisions made. Keep estate funds and personal expenses clearly identifiable and ask how reimbursements should be recorded. Where there are several executors, agree how instructions and approvals will be communicated to the lawyer. A log helps distinguish ordinary waiting for records from an unresolved legal issue. It also gives beneficiaries' questions a factual basis for response, while the adviser explains what can properly be shared and when distribution can be considered.

Compare the scope and cost of advice

Begin by clarifying whose instructions the adviser will take and what role family members or other helpers will have. Compare a document service with advice about the wider arrangements. Planning, administration and a dispute require different work. Ask for accessible explanations of the proposed documents and decisions, and allow time for the person receiving advice to ask questions privately where appropriate.

Planning or drafting
Ask what information is needed, how wishes are checked, which documents are included and how signing, storage and later review will be arranged.
Administration or use
Confirm what authority must be established, which institutions or parties will be contacted and whether ongoing accounting, transfers or distributions are included.
Concerns or disagreement
Identify who is represented, whether interests conflict and what the initial assessment covers before authorising correspondence, investigation or proceedings.

Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.

Illustrative situation · not a client result

What a focused enquiry looks like

Two executors obtain a quote for probate but also need help selling property and dealing with a contested debt. They identify those additional tasks before engagement so the administration scope and costs are clear.

Your preparation checklist

Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.

0 of 4 gathered · ticks reset when you leave this page.

A preparation aid, not confirmation that a legal requirement is complete.

A first enquiry you can adapt

I am [executor, relative or beneficiary] of an estate in [state]. There is [a will or no known will], and the assets include [types]. Can you assess the required authority and quote separately for the grant and any broader administration?

Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.

Common questions about probate & estate administration

Is probate required for every estate?

Ask based on the assets, ownership and institution requirements; a general answer may not fit the particular estate.

Does the probate quote include distributing the estate?

Confirm whether the scope ends with the grant or includes asset collection, liabilities, accounts and distribution.

Further reading and scope

Supreme Court of NSW: applying for probate

NSW probate applications; other grants and jurisdictions have different requirements.

This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.

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